A new customer came by last summer, having recently purchased a cottage property. Her neighbour had complained to the municipality about weeds that had sprung up on the previous owner’s vegetable patch. She told me some young people employed by the township arrived, armed with rulers, measured her weeds, found they were above the permitted height and told her she had to get rid of them.
She was upset, but complied, duly banishing the weeds and came to me, to purchase what I sell, native plants, that some might consider to be weeds, beautiful though they are. (Scroll to end for definitions).*
I was glad that she was committed to a garden that would support biodiversity. I regretted not having been able to inventory her weeds before they were cleared out. Could there have been a rare grass there, or habitat for an endangered butterfly? Probably not, but it’s always good to check what nature has on offer before obliteration.
I was also annoyed by the imposition of an antiquated aesthetic standard on my customer. Because that’s what this was about - aesthetics. The township enforcers weren’t compiling a species list to determine if the weeds were harmful or invasive, they were measuring.
It’s not as if this wasn’t settled 25 years ago when Toronto resident Sandy Bell appealed her conviction for having violated Toronto’s weeds and grass bylaw.
“I think it is apparent that one of the purposes of the by-law, indeed its primary purpose, is to impose on all property owners the conventional landscaping practices considered by most people to be desirable, and that one of its effects is to prevent naturalized gardens which reflect other, less conventional values,” wrote Justice David Fairgrieve in 1996, finding that Bell’s constitutional right to freedom of expression had been violated.
Bell had won the right to express her environmental beliefs through gardening. It was a landmark ruling.
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